Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67106 of 2023 Arising Out of PS. Case No.-93 Year-2021 Thana- AAYAR District- Bhojpur ====================================================== AMARJEET KUMAR son of Dadan Mahto @ Dadan Singh VillageEashardhi Ps- Ayer Dist- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 366 of the Indian Penal Code.

3. As per allegation in the FIR, while the daughter of the informant went out for natural call and did not return thereafter a search was made. During search, informant came to know that co-accused Shashit Paswan has taken away the victim girl for marriage and then the FIR was lodged against him.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.67106 of 2023(5) dt.06-02-2024 2/3 committed no offence. Petitioner is not named in the FIR. He has been falsely implicated in this case on the basis of mere suspicion. There was love affair between the victim girl and main accused Shashit Paswan. Victim girl is major aged about 20 years and she was in talking term with the main accused. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that accused Shashit Paswan and the petitioner had abducted her and committed wrong with her in a locked room. Cognizance has been taken and charge has also been framed against the petitioner under Section 366 A, which is mentioned in para 2 and 3 of the supplementary affidavit as well as in para-5 of the impugned order. Petitioner has got no criminal antecedent and languishing in judicial custody since 21.4.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

Patna High Court CR. MISC. No.67106 of 2023(5) dt.06-02-2024 3/3 with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VII, Ara, Bhojpur in connection with Ayer P.S. Case No. 93 of 2021.

(Sunil Kumar Panwar, J) sushma/- U